L-1 Intra-Company Visa
The L-1 Personnel Transfer Visa is used by companies to transfer executives and specialists to their U.S. subsidiary who have worked for the parent company for one year under the same conditions. It allows for residency and work, with multiple entries to the U.S. during its validity period.
Introduction to the L-1 Visa
Section 1(b) of Act 91-225 of April 7, 1970, created the L-1 Visa, which was subsequently developed by Section 101(a)(15)(L) of the Immigration and Naturalization Act -INA-. Through the L-1 Visa, an international company with offices in the United States may temporarily transfer qualified employees from one of its companies in the same business group to the United States, for the purpose of improving management efficiency and expanding the company in the United States.
The L-1 Personnel Transfer Visa is used by companies to transfer executives and specialists to their U.S. subsidiary who have worked for the parent company under the same conditions for one year.
Section 101(a)(15)(L) of the INA was first amended by the Immigration and Nationality Act of 1990 (Act 101-649 of November 29, 1990) to require a one-year period of prior employment by the employee with the international business group before transferring to the company in the United States.
The process of applying for and obtaining an Intra-Company (L-1) visa is complex and requires the establishment of a U.S. business that meets the requirements described below.
Intra-Company Visa allows for residency and work, with multiple entries to the U.S. during its validity period.
L-1 visa requirements
The Petitioner for Executive (L-1) Visas is a company in the United States for whose parent company, or where applicable, subsidiary or affiliate, the Beneficiary has been employed abroad.
The Beneficiary must be a manager, executive, or an employee with specialized knowledge, who is assigned to a managerial or executive position (L-1A visa) or a position requiring specialized knowledge (L-1B visa) in the United States company.
The Applicant and Beneficiary must have an employer-employee relationship. The Applicant must be a company operating in the United States, but there must also be a company within the same corporate group in at least one other country.
The Beneficiary must meet the requirement of having been employed by a foreign business group company for at least one continuous year within the last three years immediately preceding the application for the Executive Visa (L-1).
The Beneficiary may be transferred to a newly created U.S. company for the purpose of opening a new office or company in the United States.
The Executive Visa (L-1) is approved for a three-year validity period, and an extension for an additional three years may be requested. Visas related to the opening of new offices in the United States will be approved for one year, and extensions of three and two years, respectively, may be requested, for a total of six years.
Where do I apply for an L-1 visa?
The procedure for processing an L-1 visa has two steps:
- Application I-129 for L-1 Classification with the United States Citizenship and Immigration Services (USCIS)
- Application for issuance of an L-1 visa at the Consular Section of the U.S. Embassy.
1. Processing of the I-129 L-1 Classification Application at the USCIS
In the I-129 Petition for an Intra-company Transferee, USCIS reviews whether the requirements for transferring an employee from a foreign office to a U.S. office (L-1A for executives/managers or L-1B for specialized knowledge workers) are met by meeting the following requirements:
- That there is a corporate relationship between the foreign entity and the American entity (subsidiary, parent company, branch, etc.).
- That the Beneficiary has worked for at least 1 continuous year in the last 3 years for the foreign company in a managerial, executive, or specialized knowledge position.
- That the position in the U.S. meets the criteria for being a managerial, executive, or specialized knowledge position.
Once USCIS reviews and approves the I-129 application with Form I-797 , the L-1 visa application process can be initiated at the Consular Section of the U.S. Embassy.
It’s important to have a specialized and well-trained team for creating an I-129 file for an L-1 visa, as this is a process that requires precision, experience, and a comprehensive approach.
2. Processing of the L-1 Visa at the U.S. Embassy in Madrid after approval by USCIS
Once the I-129 application has been approved by USCIS, the issuance of an L-1 visa must be processed at the Consular Section of the U.S. Embassy. This process follows the processing guidelines established by the Department of State, but each Consular Section may specify its own formalities. The Consular Section of the U.S. Embassy in Madrid follows the following process, and we offer recommendations that may facilitate a successful outcome:
1. Complete Form DS-160 from the U.S. Department of State.
This form is required for all principal applicants and their family members: spouse and children under 21 years of age. https://ceac.state.gov/ceac/
2. Pay the Visa Application Fee (MRV).
To do this, create an account on the website (https://ais.usvisa-info.com/es-es/niv). All family members must be added, and the fee of $205 per family member must be paid.
3. Supporting documentation required by the Madrid Consular Section.
Submission of the L-1 visa application approved by USCIS.
4. Schedule a Consular Interview .
Once the Consular Section confirms that the documentation is complete, you will be authorized to schedule a Consular Interview through the website https://ais.usvisa-info.com/es-es/niv
An urgent appointment or emergency interview may be requested, but the need for it must be justified (for example, death or serious illness of a family member or urgent medical treatment in the United States).
The Consular Section in Madrid allows the renewal of L-1 visas without a consular interview (“Interview Waiver ”).
5. Consular Interview.
You should attend the Consular Interview with only the following documentation:
- Printed copy of the L-1 Visa File provided by the Attorney.
- Valid passport with a validity of at least 6 months.
- One photo per person (5×5 cm, white background, without glasses, taken within the last 6 months).
- Confirmation of Consular Appointment.
Large bags, backpacks, computers, cameras, and electronic devices are not permitted in the Embassy, nor are they permitted to be stored or kept in safekeeping.
For L-1 visa renewal processes without an interview, the required documentation must be sent to the Consular Section. Consult with the attorney responsible for the process for the fastest and most secure submission options in Spain.
In Spain, all legal documentation sent by a lawyer is protected by Professional Secrecy and Confidentiality.
6. Visa Approval.
If the Consular Officer approves the E-1 Visa application, it will generally be valid for a period of 3 years.
The Consular Section will retain your passport for 3 to 5 business days to issue your L-1 visa. It will then be sent to the location you selected when scheduling your Consular Interview.
If additional documentation is required or the L-1 visa application is denied, the Consular Officer will inform you of the process to follow.
7. Entry and Admission to the United States.
Upon arriving in the United States, either through the airport or border, and passing through the official control of the Customs and Border Protection Office (CBP), the CBP Officer will verify the L-1 Visa, and if he/she finds that everything is correct
will grant a period of admission, generally up to 3 years per entry, although the L-1 Visa has a longer validity.
The admission period can be verified on the Department of Homeland Security website.
Want to know if the L-1 visa is the best option for establishing or expanding your business in the U.S.? Contact us and we’ll analyze your case.
Accompanying family members
family members of a principal applicant for an L-1 Intra-Company Visa – spouse and offspring under 21 years of age – may each apply for an L-2 Dependent Visa, which will be granted to them , upon documentary proof of family ties, for the same period of validity as the principal applicant’s L-1 Intra-Company Visa.
The spouse of the principal applicant for an L-2 visa will receive an E-2 Dependent Visa that includes a Work Permit (“ Employment Permit”). Authorization Document ”) -EAD- that will allow you to legally work with any company in the United States.
The descendants of the principal applicant for an L-1 Intra-Company Visa will receive L-2 Dependent Visas that will allow them to study, but not work, in the United States.
Citizenship Application
To obtain U.S. citizenship through naturalization, you must follow these main steps:
Permanent Residence:
Be a legal permanent resident (have a Green Card) for at least 5 years if you are married to a citizen.
Eligibility Requirements:
- Be over 18 years old.
- Have good moral character.
- Meet the continuous residence requirement (living in the U.S. for at least half of the required time) and physical presence (being physically in the country for a minimum cumulative period).
- Reside for at least 3 months in the state or district where the application is submitted.
Is a lawyer necessary to process an L-1 Visa?
It’s not legally required, but it’s highly recommended. This is not only because is important to have extensive knowledge and experience in the regulations applicable to the L-1 Visa, but also because is necessary to have knowledge of relevant legal and tax areas that may directly affect the process.
How do we provide our services in L-1 visa procedures?
At Juris Magister Abogados, we have implemented a consolidated action plan for over 30 years, which has guaranteed success for both our firm and our clients, combining professional excellence with proven results.